BILL NUMBER: SB 590 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 1999
INTRODUCED BY Senator Morrow
FEBRUARY 23, 1999
An act to amend Section 3701 of 3700 of,
and to repeal and add Section 3701 of, the Penal Code, relating
to death row inmates.
LEGISLATIVE COUNSEL'S DIGEST
SB 590, as amended, Morrow. Death row inmates: sanity.
(1) Existing law requires a warden of a prison who has
good reason to believe that a defendant, under judgment of death and
after delivery to the warden for execution, has become insane, to
call that fact to the attention of the district attorney of the
county where the prison is situated. Existing law also requires the
district attorney to file a petition in the superior court of that
county asking that the defendant's sanity be inquired into by a
specified procedure that includes a hearing.
This bill would provide instead, that the warden notify the
district attorney of the county where the information or indictment
resulting in the judgment of death was filed. This bill would also
provide that if there are judgments of death from more than one
county, the defendant would be entitled to only one hearing inquiring
into the defendant's sanity, to be held in the county where the last
judgment in time was entered.
This bill would instead require a warden of a prisoner who has
been delivered for execution, to notify in writing the district
attorney of the county where the judgment of death was executed where
there is good reason to believe the prisoner has become insane. The
bill would require the district attorney to file a petition in the
superior court of that county within 10 court days of receiving that
written notice. The petition would include specified information and
request the court to resolve the question of the prisoner's sanity.
The bill would require the court to summon and impanel a jury of 12
persons to hear the inquiry. The bill would also provide that if
there are judgments of death from more than one county, the prisoner
would only be entitled to one hearing on the issue of his or her
sanity. By increasing the duties of local officials, this bill would
impose a state-mandated local program.
(2) Existing law prohibits a judge, court, or officer, other than
the Governor from suspending the execution of a judgment of death,
except a warden of the state prison, as specified.
This bill would create an additional exception to the above
provision by providing that the filing of a petition under the
provisions summarized in (1) would toll the time set by the warrant
of execution and that the warrant of execution would be suspended
during the pendency of the proceedings on the prisoner's sanity.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3701 of the Penal Code is amended to read:
3701. (a) If, after his or her delivery to the warden for
execution, there is good reason to believe that a defendant, under
judgment of death, has become insane, the warden must call such fact
to the attention of the district attorney of the county in which the
information or indictment resulting in the judgment of death was
filed, whose duty it is to immediately file in the superior court of
that county a petition, stating the conviction and judgment, and the
fact that the defendant is believed to be insane, and asking that the
question of his or her sanity be inquired into. Thereupon the court
must at once cause to be summoned and impaneled, from the regular
jury list of that county, a jury of 12 persons to hear such inquiry.
(b) If there are judgments of death from more than one county, the
defendant shall be entitled to only one hearing on this inquiry,
which shall be held in the county where the last judgment in time was
entered.
SECTION 1. Section 3700 of the Penal Code is amended to read:
3700. No (a) Except as provided in
subdivision (b), no judge, court, or officer, other than the
Governor, can may suspend the execution
of a judgment of death, except the warden of the State prison to
whom he or she is delivered for execution, as provided in
the six succeeding sections, unless an appeal is taken.
(b) The filing of a petition by the district attorney pursuant to
subdivision (b) of Section 3701 shall toll the running of the time
set by the warrant of execution pursuant to Sections 1193 and 1227 to
execute the judgment of death. The warrant of execution shall be
suspended during the pendency of the proceedings conducted pursuant
to subdivisions (b), (c), and (d) of Section 3701. The time to
execute the judgment of death under the warrant of execution shall
begin to run again from the date of a finding that the defendant is
presently sane.
(c) Notwithstanding the provisions of Sections 1193 and 1227, if
the time to execute the judgment of death set by the warrant of
execution would expire less than five days from the date that the
defendant is found to be sane at the conclusion of Section 3701
proceedings, the time to execute the judgment of death shall be
automatically extended by a period of 10 days from the date that the
warrant of execution is set to expire.
SEC. 2. Section 3701 of the Penal Code is repealed.
3701. If, after his delivery to the warden for execution, there
is good reason to believe that a defendant, under judgment of death,
has become insane, the warden must call such fact to the attention of
the district attorney of the county in which the prison is situated,
whose duty it is to immediately file in the superior court of such
county a petition, stating the conviction and judgment, and the fact
that the defendant is believed to be insane, and asking that the
question of his sanity be inquired into. Thereupon the court must at
once cause to be summoned and impaneled, from the regular jury list
of the county, a jury of 12 persons to hear such inquiry.
SEC. 3. Section 3701 is added to the Penal Code, to read:
3701. (a) If after his or her delivery to the warden for
execution, there is good reason to believe that a defendant who is
under a judgment of death has become insane, the warden shall notify
in writing the district attorney of the county in which the judgment
of death was executed.
(b) Within 10 court days of receipt of the written notice from the
warden, the district attorney shall file in the superior court of
that county a petition. The petition shall identify the defendant's
conviction and judgment, shall state that the warden of the state
prison has informed the district attorney that there is good reason
to believe that the defendant is insane, and shall request that the
court resolve the question of the sanity of the defendant.
(c) The superior court shall cause to be summoned and impaneled
from the regular list of that county, a jury of 12 persons to hear
the inquiry into the present sanity of the defendant.
(d) If the defendant is under a judgment of death from more than
one county, the defendant shall be entitled to only one hearing on
the inquiry into the present sanity of the defendant. The hearing
shall be held in the county in which the most recent judgment of
death was entered. The resolution in that county of the present
sanity of the defendant shall determine the question of the sanity of
the defendant on all judgments of death imposed upon the defendant.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.